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EB-2 visa steps and company advertisement

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Hello,

 

I am a Canadian on an OPT student Visa who would like to apply for an EB-2 visa. I know that my company must post an advertisement for my position no more than 180 days after and no more than 30 days before I apply for the visa. 

 

Question: my company posted an advertisement in the classifieds of Long Island's Newsday newspaper but did not publish the company address, only their email listed. Would the advertisement still be valid without the company address and phone number listed? 

 

I've heard that after posting the advertisements my company must post an add on a state website before applying for PERM labor certification. 

 

Does anyone know anything about this process?

 

Thank you!

 

 

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Filed: F-2A Visa Country: Nepal
Timeline

 First of all, your understanding of adcertisement process 30-180 days before or after you can apply for visa is wrong.

 

There are multiPle steps before you finally reach to either visa processing or adjustment of status for EB2.

Typical process

1. Prevailing wage from DOL: 2months

2. Recruitment process: 2 months minimum

3. PERM: several months

Once PERM is approved, i-140 has to be filed within 180 days. 

4. I-140 : Only in this phase if your PD is current, then you can file for i485 (green card) concurrently with i-140. If your PD is not current, your company can only file i140 and when your PD becomes current you can file for EB2 based green card by filing i485.

If you are not in the states during i485 filing time, then you have to go theough EB-2 visa process in canada.

 

The process is not that straightforward. It's better to use a lawyer.

 

Few things that i know from my process:

The proposed salary should not be less than the minimum wage designated by DOL for the given duties. So it's better to get prevailing wage determination from DOL before advertising. I hope your company did this.

 

Advertisement should be posted in two Sunday editions in local popular newspaper. As long as your employer has mentioned how to contact and where to send to (probably email), it's fine leaving out physical address. I hope the ad mentions your company name at least.

 

The ad. should also be posted on state department corresponding website for 30 days minimum.

The ad should also be posted in-house physical premise for 10 days minimum.

 

Since yours is EB2 which I believe is likely a professional level, the ad should also be posted in additional three different platforms (like monstor, careerbuilder, company website or private employment agency)

 

 

 

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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Filed: K-1 Visa Country: Wales
Timeline

Companies have Immigration Lawyers to handle this sort of thing.

 

Some may do it in house if they have the expertise, nothing much you get involved in.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: K-1 Visa Country: Wales
Timeline

Research the number of an Immigration Lawyer for them to appoint.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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  • 2 weeks later...
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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